Chris “Law Dork” Geidner Profile picture
Jul 1, 2021 26 tweets 11 min read Read on X
In 10 minutes, we’ll be getting the final #SCOTUS decisions for the term. Two sets of cases remain outstanding: one set is the Voting Rights Act cases out of Arizona and the other addresses donor disclosure requirements in California.
BREAKING: Brnovich is first. Alito, for a 6-3 court, upholds both Arizona voting restrictions. More to come. supremecourt.gov/opinions/20pdf…
Important from the majority: The Supreme Court "decline[s] in these cases to announce a test to govern all VRA §2 claims involving rules, like those at issue here, that specify the time, place, or manner for casting ballots."
Here are the factors the majority lays out:
More to come later.
Breaking: In a second 6-3 decision on Thursday, the Supreme Court's conservative majority strikes down California's donor disclosure requirement for charitable organizations as a First Amendment violation. Roberts has the opinion for the court: supremecourt.gov/opinions/20pdf…
The ins and outs of the decision in Americans for Prosperity v. Bonta are a bit more complicated, as the lineup suggests, but the bottom line is 6-3 with the liberals in dissent.
Back to the voting rights case for now.
The Supreme Court majority explicitly rejects disparate impact claims — often used in employment and housing discrimination cases — in Section 2 VRA cases.
Alito, characteristically, is mad. Even in writing the majority opinion for the Court.
Just an incredible paragraph, in which Alito — writing for the Supreme Court's conservative majority — acknowledges that Arizona "leads other States" in rejecting out-of-precinct ballots because they keep changing things on voters, and then is like, "So?"
Here's the court's conclusion about the out-of-precinct provision.
Amazing long game from the Republicans here. Commit election fraud in order to give Sam Alito an election fraud case that he can use to justify "election fraud" as a rationale for passing a law somewhere else where there is no evidence of election fraud.
After upholding both provisions on Section 2 "effects" challenges — and making such challenges more difficult going forward — the Court also upholds the "ballot harvesting" ban from a discriminatory "purpose" challenge.
My god. Gorsuch, joined by Thomas, suggests that VOTERS might not be allowed to bring lawsuits to enforce their rights under Section 2 of the Voting Rights Act.
TOTALLY NORMAL DEMOCRACY, FOLKS!
Alito, for the 6-justice conservative majority (left), is real mad that Kagan, for the 3 more liberal justices (right), apparently went way off track in her dissent. What did she do, you ask? Detail the history and practices that got us here. Oh.
Heh. As Kagan aptly notes.
"Yet efforts to suppress the minority vote continue. No one would know this from reading the majority opinion." It is impossible, Kagan reminds the Court—and the country—to read today's decision without an understanding of what the Roberts Court did to Section 5 in Shelby County.
And, of course, Kagan notes that it is still going.
For the dissenters, Kagan sums up the current problem and what the Supreme Court does today in two brief paragraphs in the middle of her dissent.
JUST IN: Biden statement on today's Voting Rights Act #SCOTUS decision: "Democracy is on the line."
NEW: In light of today's ruling, House Judiciary leaders Nadler and Cohen say they are working on "an updated John R. Lewis Voting Rights Advancement Act."
Back to Kagan. Responding to Alito: "Nothing—literally nothing—suggests that the Senate wanted to water down the equal-access right that everyone agreed the House’s language covered. So the majority is dead wrong to say that I want to 'undo' the House-Senate compromise."
Here's Kagan on the majority's ruling itself.
Here's her conclusion.

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More from @chrisgeidner

Nov 7, 2025
BREAKING: The Sixth Circuit, in a 10-7 en banc decision, holds that an Ohio school district's anti-bullying policy that requires students to use children's preferred pronouns is likely unconstitutional on these facts.

Judge Murphy, a Trump appointee, writes the court's decision.Image
Image
Judge Stranch, an Obama appointee who wrote the 2-1 majority opinion on the panel (which had rejecting the appeal from the parents' group challenging the policy), writes the dissent for the seven dissenting judges on the en banc rehearing: Image
Here is today's full en banc ruling, which includes several concurring opinions (some of which would have gone further and some assessing 1A law), as well as the dissent: storage.courtlistener.com/recap/gov.usco…

And here is the vacated 2-1 panel opinion: storage.courtlistener.com/recap/gov.usco…
Read 4 tweets
Jul 3, 2025
BREAKING: The U.S. Supreme Court holds that a district court cannot enforce its remedy order providing due process to the 8 people the Trump admin sent out of the U.S. (who are now in Djibouti) in violation of the injunction in the third country removals case, which the Supreme Court later stayed.The motion for clarification is granted. Our June 23 order stayed the April 18 preliminary injunction in full. The May 21 remedial order cannot now be used to enforce an injunction that our stay rendered unenforceable. See Nken v. Holder, 556 U. S. 418, 428 (2009) (explaining that a reviewing court's stay order "divest[s]" the district court "order of enforceability"). Even if we accepted respondents' characterization of the May 21 order, such a remedy would serve to "coerce" the Government into "compliance" and would be unenforceable given our stay o...
The apparent 7-2 vote — with Kagan joining the Republican appointees on the procedural question of the district court's power — is appalling abdication of its role in our constitutional republic.

The short of it is seven justices said Trump can send these 8 people to South Sudan with no process.
Here is the "clarification" order, as well as Kagan's concurrence and Sotomayor's dissent for her and Jackson: supremecourt.gov/opinions/24pdf…JUSTICE KAGAN, concurring. I voted to deny the Government’s previous stay applica- tion in this case, and I continue to believe that this Court should not have stayed the District Court’s April 18 order enjoining the Government from deporting non-citizens to third countries without notice or a meaningful opportunity to be heard. See DHS v. D. V. D., 606 U. S. ___, ___–___ (2025) (SOTOMAYOR, J., dissenting) (slip op., at 9–18). But a majority of this Court saw things differently, and I do not see how a district court can compel compliance with an or- der that this Court has stayed. See Unite...
Read 6 tweets
Apr 10, 2025
BREAKING: Supreme Court upholds district court order that the Trump administration "facilitate" the return of Kilmar Abrego Garcia, who was improperly sent to El Salvador.

More to come at Law Dork: lawdork.comThe application is granted in part and denied in part, subject to the direction of this order. Due to the administrative stay issued by THE CHIEF JUSTICE, the deadline imposed by the District Court has now passed. To that extent, the Government's emergency application is effectively granted in part and the deadline in the challenged order is no longer effective. The rest of the District Court's order remains in effect but requires clarification on remand. The order properly requires the Government to "facilitate" Abrego Garcia's release from custody in El Salvador and to ensure th...
A part of the government's request to vacate the original order is "effectively granted" b/c the deadline passed, SCOTUS holds, but the rest of the order stands. As to the requirement to "effectuate" Abrego Garcia's return, the district court should "clarify" that, w/ deference to executive.
Here is the full order, including a statement from Sotomayor, joined by Kagan and Jackson: supremecourt.gov/opinions/24pdf…
Read 6 tweets
Apr 4, 2025
BREAKING: On a 5-4 vote, the Supreme Court allows the Education Dep't to halt payment of grants.

A district court issued a TRO blocking the cancelation of the grants in a suit brought by eight states. The appeals court refused a stay pending appeal.

Today, SCOTUS stayed the TRO—blocking payments.Image
Image
Thomas, Alito and the three Trump appointees formed the five-justice majority who issued the unsigned per curiam opinion.

Roberts wrote nothing but noted he would have denied the application.

Kagan and Jackson wrote dissents. Sotomayor joined Jackson's dissent, which does not hold back:Image
Read 4 tweets
Mar 15, 2025
BREAKING: Chief Judge Boasberg issues a classwide, nationwide temporary restraining order, blocking removal of any noncitizens in U.S. custody who are subject to today's AEA order for the next 14 days.

With planes leaving, he says, "I am required to act immediately."
Boasberg adds that planes in the air are to be turned around, says clients need to be informed "immediately."

Planes that have landed, with people discharged, he says, he cannot act on.
The next hearing before Boasberg is set for 2:30p March 21.
Read 5 tweets
Mar 15, 2025
BREAKING: A federal judge this morning issued a temporary restraining order blocking the Trump administration from invoking the Alien Enemies Act of 1798 to deport several Venezuelan nationals with no process.

Subscribe to Law Dork for more: lawdork.comMINUTE ORDER: The Court has reviewed Plaintiffs' Complaint and Motion for Temporary Restraining Order. Given the exigent circumstances that it has been made aware of this morning, it has determined that an immediate Order is warranted to maintain the status quo until a hearing can be set. As Plaintiffs have satisfied the four factors governing the issuance of preliminary relief, the Court accordingly ORDERS that: 1) Plaintiffs' 3 4 Motion for TRO is GRANTED; 2) Defendants shall not remove any of the individual Plaintiffs from the United States for 14 days absent further Order of the Court; ...
The judge has now also set a hearing for 5p today to consider certifying a class to protect all who would be subject to the administration's effort. Date Filed # Docket Text 03/15/2025  MINUTE ORDER: The Court ORDERS that the parties shall appear for Motion for Class Certification on March 25,20 2s. ring 0 pa. The hearing oil for Cla sy Cidiconie ence or the parties and by telephone for members of the public. Toll free number: 833-990-9400. Meeting ID: 049550816. So ORDERED by Chief Judge James E. Boasberg on 3/15/2025. (Icjebl) (Entered: 03/15/2025)
The lawsuit — J.G.G. v. Trump — was filed this morning in D.C. by the ACLU and Democracy Forward.

Complaint: storage.courtlistener.com/recap/gov.usco…Image
Read 6 tweets

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